Trump expected to sign order gutting Department of Education, sources say
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(WASHINGTON) — President Donald Trump is expected to sign an executive order to diminish the Department of Education at the White House on Thursday, multiple sources told ABC News.
The president’s order will direct Education Secretary Linda McMahon to take all necessary steps permitted by law to dissolve the Department of Education, according to the sources.
The move has been months in the making and will help the president fulfill his campaign promise of returning education power and decisions to the states.
“The Department of Education will be much smaller than it is today,” White House press secretary Karoline Leavitt told reporters Thursday morning, noting the department will not be completely shut down and that it will continue to carry out “critical functions.”
“When it comes to student loans and Pell Grants, those will still be run out of the Department of Education,” she said. “But we don’t need to be spending more than $3 trillion over the course of a few decades on a department that’s clearly failing in its initial intention to educate our students.”
Trump will direct McMahon, to take “all necessary steps to facilitate the closure of the Department of Education and return education authority to the States,” according to a White House summary of the order reviewed by ABC News.
The order also calls for the “uninterrupted delivery of services, programs, and benefits on which Americans rely.” It’s still unclear how the administration plans to accomplish that. Sources said the administration has been looking into how to move some of the key programs to other agencies.
Republican Govs. Ron DeSantis of Florida, Glenn Youngkin of Virginia, Greg Abbott of Texas and Mike DeWine of Ohio are among the state leaders expected to attend the signing ceremony at the White House, according to a White House official.
The department took the first steps to downsize and shut down last week when it laid off nearly half its employees, and it shrunk significantly in size through a massive reduction in force, deferred resignations and retirement buyouts, according to the department.
Trump is expected to continue the reforms — pledging to erase more staff from the department and gut it.
“I expect it will [be shut down entirely],” Trump said on “Full Measure” with Sharyl Attkisson earlier this month. “You’ll have a few people left just to make sure [the states are] teaching English — you know, you say reading, writing and arithmetic.”
However, congressional approval is required to abolish a federal agency, and McMahon has acknowledged she would need Congress to carry out the president’s vision to close the department she’s been tapped to lead. It would take 60 “yes” votes in the Senate to overcome the filibuster and dismantle the department that Congress created.
Critics argue the department is needed for vital financial assistance and grant programs. Education experts suggested that shuttering the Department of Education could gut public education funding and disproportionately affect high-need students across the country who rely on statutorily authorized programs, such as the Individuals with Disabilities Education Act and Title 1, which provides funding for low-income families.
McMahon said the department will still administer those statutory programs that students from disadvantaged backgrounds rely on. In an interview on Fox News’ “The Ingraham Angle,” McMahon suggested the “good” employees who administer the statutorily mandated functions will not be harmed by staff reductions.
A statement from the department said it will “continue to deliver on all statutory programs that fall under the agency’s purview, including formula funding, student loans, Pell Grants, funding for special needs students, and competitive grantmaking.”
In more than four decades, Trump and Department of Education skeptics believe the agency has had too much spending power without achieving results.
After McMahon was sworn in, she underscored that abolishing the department is rooted in allowing families the right to choose a “quality education” so America’s students aren’t “stuck in failing schools.”
“This is also, I would say, a national security issue,” Leavitt added Thursday morning. “When you look at how students around the world, particularly in China, are being educated, American students are falling behind. We’re not keeping up with our allies or our adversaries, and that’s a major problem for our country, and the president is fixing it today.”
(WASHINGTON) — President Donald Trump’s rapid reshaping of the federal government continues with executive orders and action from his acting agency heads.
Federal departments face a 5 p.m. deadline Tuesday to cease spending on any financial assistance programs, according to a memo from the White House’s Office of Management and Budget. More firings of career officials at the Justice Department unfolded on Monday and Trump signed four military executive orders, one targeting transgender service members.
Meanwhile, Homeland Security Secretary Kristi Noem joined immigration enforcement operations in New York. More Trump Cabinet nominees, including Robert F. Kennedy Jr. and Tulsi Gabbard, will face highly-anticipated confirmation hearings later this week.
Nonprofits, health groups and more sue to block memo freezing financial aid
A group of nonprofit groups, public health organizations, small businesses and LGBTQ advocates have asked the federal district court in Washington for an emergency injunction and temporary restraining order to block implementation of the White House Office of Management and Budget memo freezing all federal grant and loan distributions.
The lawsuit invokes the Administrative Procedures Act, which says that federal agencies must undertake changes in policy by providing justification for the action, adequately consider the real-world impacts, and accept public input.
The groups allege the Office of Management and Budget has done none of these things and has exceeded its authority.
-ABC News’ Devin Dwyer and MaryAlice Parks
State officials report trouble accessing health, emergency funds
The White House memo on ceasing spending for federal financial aid programs is sparking alarm for some across the country.
Multiple state agencies are reporting they are encountering error messages as they try to access online portals that they typically use to draw down funds for emergency aid, community health centers, Head Start and even Medicaid — despite the memo’s explicit carve out for Medicare and Social Security.
“This is sowing chaos and confusion everywhere,” one state official told ABC News.
-ABC News’ Steven Portnoy
EPA temporarily pauses disbursement of federal financial aid
The Environmental Protection Agency is “temporarily pausing” its disbursement of federal financial aid in response to the order from the White House Office of Management and Budget, the agency confirmed in a statement to ABC News.
The EPA grants fund a wide array of national, state and tribal programs, including some to assist with air and water quality. A list of its grant programs can be found here.
The agency said it is “continuing to work with OMB as they review processes, policies, and programs, as required by the memorandum.”
-ABC News’ Kelly Livingston
Karoline Leavitt, youngest WH press secretary, to hold 1st briefing
Karoline Leavitt will make her first appearance behind the podium in the James S. Brady briefing room on Tuesday.
Leavitt, 27, is the youngest White House press secretary in history. She served as the spokesperson for Trump’s 2024 campaign and transition team.
On Monday, she held her first gaggle with reporters aboard Air Force One. There, she fielded questions on Trump’s upcoming moves on FEMA and his attempts to end birthright citizenship. She’ll face more questions, likely about Trump’s recent actions regarding the military and federal aid programs, at 1 p.m.
Trump weighs in on possible deal for Microsoft to buy TikTok
President Donald Trump discussed a possible deal for Microsoft to buy TikTok while speaking with reporters by phone from Air Force One on Monday evening.
Trump was asked whether Microsoft was in discussions to acquire the embattled social media app amid its looming U.S. ban deadline.
“I would say yes,” Trump said, before adding, “A lot of interest in TikTok, there’s great interest there.”
When asked whether he liked the idea of a bidding war for the app, Trump said he likes bidding wars.
“I like bidding wars because you make your best deal,” he said.
“It’s very clear, if I sign, then somebody’s going to buy it, pay a lot of money, have a lot of jobs, keep a platform open and have it be very secure. If I don’t sign, then it closes,” Trump added of TikTok’s future in America.
He was asked about what other companies were looking to buy the app, and he declined to respond but said that they are all “top of the line.”
White House budget office suspends federal financial aid programs for internal review
The White House budget office is ordering federal agencies to cease any financial assistance spending if they suspect the program might conflict with President Donald Trump’s executive orders.
In a memo obtained by ABC News, Matthew Vaeth, acting director of the Office and Management and Budget, told agency chiefs that they must report back by Feb. 10 on all programs that apply.
“The memo requires federal agencies to identify and review all federal financial assistance programs and supporting activities consistent with the President’s policies and requirements,” according to the document.
The memo says it is directed at programs providing “financial assistance for foreign aid, non-governmental organizations, DEI, woke gender ideology and the Green New Deal.”
The order does not specify which financial aid programs would have to be suspended, although it could have sweeping implications. The federal government funds thousands of programs, including research programs, housing subsidies and educational grants.
Quakers sue to keep ICE out of houses of worship
Five Quaker congregations sued the Department of Homeland Security on Monday over last week’s policy reversal that allows immigration agents to conduct searches and arrests in so-called “sensitive areas” like churches and schools.
The Quaker groups, known as the Religious Society of Friends, alleged that the policy change harms their congregations by deterring immigrants from worshipping in person, violating their First Amendment rights to freely associate and exercise religion.
“Allowing armed government agents wearing ICE-emblazoned jackets to park outside a religious service and monitor who enters or to interrupt the service and drag a congregant out during the middle of worship is anathema to Quaker religious exercise,” the federal lawsuit filed in Maryland said.
Quaker worship generally involves multiple congregants sitting together in silence to await a message from God, which can be received and shared by anyone in attendance, according to the lawsuit.
“Being able to receive those messages is fundamental to Quaker religious exercise,” the lawsuit said.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” Acting Department of Homeland Security Secretary Benjamine Huffman said in a statement announcing the policy change on Jan. 24. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
-ABC News’ Peter Charalambous, James Hill and Laura Romero
Trump says he wants to deport ‘repeat offenders’ in US legally
Trump said Monday he wants to deport repeat criminal offenders who are in the U.S. legally, offering that they be held in foreign jails.
“I don’t want these violent repeat offenders in our country any more than I want illegal aliens from other countries who misbehave,” Trump said during his remarks at the House GOP retreat.
“This is subject to getting it approved, but if they’ve been arrested many, many times, they’re repeat offenders by many numbers, I want them out of our country,” he added. “We’ll be seeking permission to do so. We’re going to get approval hopefully to get them the hell out of our country along with others.”
Trump suggested that they could be maintained in a foreign country “for a very small fee.”
-ABC News’ Fritz Farrow
ICE arrests 1,179 undocumented immigrants on Monday
The U.S. Immigration and Customs Enforcement said it arrested 1,179 undocumented immigrants on Monday.
That marks an increase from Sunday, when the agency said it made 956 such arrests.
ICE is operating at an increased tempo since the new administration took office.
-ABC News’ Luke Barr
Trump says DeepSeek is a ‘wake-up call’ for American companies
During his remarks at the House GOP retreat, Trump discussed the emergence of Chinese AI technology DeepSeek, saying it should be a “wake-up call” for American companies.
“The release of DeepSeek AI from a Chinese company should be a wake-up call for our industries that we need to be laser-focused on competing to win, because we have the greatest scientists in the world, even Chinese leadership told me that,” Trump said.
He also cast the technology as an “asset” for how it could revolutionize technology due to its less-expensive method.
Trump said that he hoped American companies could come up with the “same solutions” without investing billions of dollars and repeated his promise to “unleash” American tech companies to “dominate the future.”
-ABC News’ Michelle Stoddart
CDC officials told to cease communications with the WHO
Public health officials at the Centers for Disease Control and Prevention have been told to cease communications with the World Health Organization, an official with the Department of Health and Human Services confirmed to ABC News.
This comes after Trump signed an executive order on his first day of office ordering the withdrawal of the U.S. from the WHO. The U.S. is the biggest financial contributor to the global public health organization and public health experts immediately denounced the move as a risk to national security and pandemic outbreak prevention.
Any country’s withdrawal from the WHO is supposed to be preceded by a one year advance notice, which experts interpreted Trump’s executive order to serve as. But the recent order for CDC public health officials to immediately stop communicating with their WHO counterparts suggests that Trump is not adhering to those governing rules.
-ABC News’ Cheyenne Haslett
Trump addresses new executive orders on the military
Trump said “in a little while” he will be signing four new executive orders addressing the military, during his remarks at a retreat of House Republicans at his Doral golf resort in Miami on Monday.
One will direct Secretary of Defense Pete Hegseth to “immediately begin” the construction of an “Iron Dome” missile defense shield, a nod to the Israeli missile defense system.
“We protect other countries, but we don’t protect ourselves,” he said.
Trump said his administration will also “get transgender ideology the hell out of military” and “stop our service members from being indoctrinated with radical left ideologies such as critical race theory.”
Trump didn’t go into detail, though the White House earlier Monday said that Trump is expected to sign an order directing the Department of Defense to update its guidance “regarding trans-identifying medical standards for military service and to rescind guidance inconsistent with military readiness.”
The order will also end the use of pronouns in the Department of Defense and will also prohibit males from “sharing sleeping, changing, or bathing in facilities designated for females.”
Another order that Trump is expected to sign takes aim at diversity, equity and inclusion programs at the Department of Defense and Department of Homeland Security. The order will ban the use of “discriminatory race- or sex-based preferences,” according to a fact sheet about the move.
Trump also addressed another order that will offer a “full reinstatement” to service members who were expelled from the armed forces due to the COVID-19 vaccine mandate.
Scott Bessent confirmed as treasury secretary
The Senate on Monday evening confirmed Scott Bessent to serve as secretary of treasury by a vote of 68-29.
Bessent becomes the fifth member of Trump’s team to be confirmed by the Senate, following Marco Rubio, John Ratcliffe, Pete Hegseth and Kristi Noem.
The Senate is now taking a test vote on Sean Duffy’s nomination to lead the Department of Transportation. He’s expected to easily clear this procedural hurdle to tee up a final vote likely on Wednesday.
-ABC News’ Allison Pecorin
Trump: ‘Am I allowed to run again?’
During his remarks at a retreat of House Republicans at his Doral golf resort in Miami on Monday, Trump raised the questiion whether he could run for a third term.
“I’ve raised a lot of money for the next race that I assume I can’t use for myself, but I’m not 100% sure, because I don’t know,” he said to some laughs in the crowd. “I think I’m not allowed to run again. I’m not sure, am I allowed to run again?”
Last week, Rep. Andy Ogles, R-Tenn. introduced a House joint resolution to allow a president to be elected for no more than three terms, instead of two.
Air Force chief of staff releases statement on Tuskegee Airmen videos
Air Force Chief of Staff Gen. David W. Allvin wrote a statement Monday regarding curricula on the Tuskegee Airmen and women pilots, saying no such material has been removed from basic military training.
“Allow me to clearly dispel a rumor — while we are currently reviewing all training courses to ensure compliance with the Executive Orders, no curriculum or content highlighting the honor and valor of the Tuskegee Airmen or Women Air Force Service Pilots has been removed from Basic Military Training,” Allvin wrote. “The historic legacy and decorated valor these Airmen embodied during World War II and beyond will continue to guide our newest recruits and all who serve in our ranks.”
The statement comes after an Air Force spokesperson confirmed to the Associated Press that training courses with such videos were removed last week after Trump’s executive order to eliminate DEI initiatives in the federal government. The Air Force later clarified to the AP that the courses were edited but that the Tuskegee Airmen and WASP content would still be shown.
Allvin also said in his own statement on Monday that the Air Force is “faithfully executing” all of Trump’s executive orders, including on DEI.
JD Vance surveys hurricane damage in Virginia
Vice President JD Vance’s first official trip since taking office was to Damascus, Virginia, to survey damage from last year’s devastating Hurricane Helene.
In remarks alongside Republican Gov. Glenn Youngkin, Vance said he was heartened by the stories he’s heard on the ground of “good people helping their neighbors rebuild.”
Without providing evidence, he also criticized the federal response to the flooding, claiming federal agencies had acted as “a barrier, as opposed to a facilitator” of getting resources into the communities who needed it.
This comes on President Donald Trump’s assessment of storm damage in North Carolina last Friday. During that visit, he floated getting rid of FEMA. He also signed two executive orders Friday that focused on emergency response, one of which creates a task force to conduct a “a full-scale review” of FEMA.
Vance was asked about what changes he would like to see made to FEMA, including possibly eliminating the agency. Vance did not mention the agency being terminated, which Trump could not do unilaterally, but once again reinforced the idea that bureaucrats were getting in the way of rebuilding.
-ABC News’ Michelle Stoddart
Trump spoke with India’s Modi
President Donald Trump spoke with India’s Prime Minister Narendra Modi on Monday, continuing his calls with foreign leaders since taking office. Trump’s first call was to Saudi Arabia’s crown prince Mohammed bin Salman.
Trump and Modi discussed “expanding and deepening cooperation” between their countries along with “a range of regional issues, including security in the Indo-Pacific, the Middle East, and Europe,” the White House said.
“The President emphasized the importance of India increasing its procurement of American-made security equipment and moving toward a fair bilateral trading relationship,” according to a readout of the call.
The two leaders also talked about plans for Modi to visit the White House. The prime minister visited the White House as well as former President Joe Biden’s home in Wilmington during the previous administration and made visits to the White House during the first Trump administration.
-ABC News’ Molly Nagle
Mexico’s received 4,094 migrants deported from US, president says
Mexico President Claudia Sheinbaum said her country has received 4,094 migrants, most of whom are Mexican nationals, deported from the U.S. since Jan. 20.
“Mexico has a very important history of repatriation with the United States. First with the Trump administration and then with the Biden administration. There are coordination mechanisms,” Sheinbaum said. “We ask for respect for human rights.”
Sheinbaum said four planes with deportees arrived this past weekend. But she noted it has happened in the past and that there has not been “a sustained increase” of deportations.
-ABC News’ William Gretsky
VA says 60 employees placed on leave after DEI order implementation
The Department of Veterans Affairs announced it has completed its initial implementation of ending its DEI program, which has included placing nearly 60 employees on paid administrative leave. The release said the employees in question had been solely focused on DEI initiatives.
According to the release, the combined annual salary of those employees totals more than $8 million, an average of more than $136,000/year per employee. One such employee is making more than $220,000 per year.”
Additionally, the VA has identified other DEI-related expenses totaling more than $6.1 million, which the department said it is working to cancel.
This comes after President Donald Trump signed an order last week to eliminate DEI initiatives in the federal government. Defense Secretary Pete Hegseth earlier Monday indicated Trump would take more executive action toward “fully removing DEI inside the Pentagon.”
-ABC News’ Nathan Luna
Trump to sign executive order reinstating service members removed for refusing COVID vaccine
President Donald Trump will sign two executive orders relating to the military, a White House official confirmed to ABC News.
The first executive order Trump is expected to sign will reinstate service members removed from the military for refusing the COVID-19 vaccine, restore their rank, and provide back pay.
The second executive order directs the Department of Defense to determine a policy regarding transgender service members based on readiness. It does not put an immediate ban on trans service members. It simply directs the DOD to come up with a policy.
Last week, Trump revoked a Biden administration order allowing transgender people to serve in the military.
– ABC News’ Hannah Demissie
Trump cabinet confirmation hearings this week
All eyes will be on the Senate this week as confirmation hearings continue for Trump’s cabinet choices.
Health and Human Services pick Robert F. Kennedy Jr. will be facing the Senate Finance Committee on Wednesday morning.
On Thursday, FBI nominee Kash Patel’s hearing before the Senate Judiciary Committee will take place, in addition to Director of National Intelligence nominee Tulsi Gabbard’s hearing before the Senate Select Committee on Intelligence.
Army Secretary nominee Daniel Driscoll’s confirmation will also be voted on Thursday before the Senate Armed Services Committee.
Texas Gov. Abbott to send 400 troops, military resources to Rio Grande Valley
Texas Gov. Abbott is sending an additional 400 soldiers from military bases in Forth Worth and Houston to assist Border Patrol and the Trump administration’s mission to “secure the border.”
The 400 soldiers join the thousands of troops Abbott has already deployed under his border mission, Operation Lone Star.
In addition to troops, he’ll also be sending C-130s and Chinook helicopters.
“Texas has a partner in the White House we can work with to secure the Texas-Mexico border,” Abbott said in a statement, thanking Trump for his “decisive leadership on the southern border.”
– ABC News’ Armando Garcia
Hegseth responds after uproar over removal of Tuskegee Airmen video
Defense Secretary Pete Hegseth on Sunday had to respond to criticism after videos of Tuskegee Airmen and Women Air Force Service Pilots were removed from basic training courses, according to a report from Reuters.
An official told Reuters the videos were removed pending a review to comply with Trump’s order to eliminate DEI efforts in the federal government. Hegseth, too, has made eliminating DEI from the military a top priority.
But uproar quickly grew over the removal of the videos, including from Alabama Republican Sen. Katie Britt. Britt called the removal of the videos “malicious compliance” that had to be corrected.
“We’re all over it Senator. This will not stand,” Hegseth said in response. Hours later, he posted, “This has been immediately reversed.”
Reuters reported on Sunday that the Air Force said the videos will be taught.
Trump signs executive orders for ‘full-scale review’ of FEMA, seeks control over California water system
President Donald Trump signed two executive orders Friday focused on emergency response, one which creates a task force to conduct a “a full-scale review” of FEMA to “recommend to the President improvements or structural changes to promote the national interest and enable national resilience.”
The task force — which is intended to be no larger than 20 people — is expected to “meet regularly” for a year. Among the directives in the order is to evaluate “whether FEMA can serve its functions as a support agency, providing supplemental Federal assistance, to the States rather than supplanting State control of disaster relief.”
They could recommend that FEMA be dismantled, but Congress would need to act in order to do away with the agency.
The second executive order, called “Emergency Measures To Provide Water Resources In California And Improve Disaster Response In Certain Areas,” calls for a plan for the federal government to assert power over California’s water system.
One section outlines actions for the government to go around state and federal law to more directly assert control of California’s water management — though it’s not clear how much of an impact this order will have.
– ABC News’ Molly Nagle
Pete Hegseth arrives for 1st full day at Pentagon as defense secretary
Arriving for his first full day at the Pentagon as defense secretary, Pete Hegseth stopped to talk to reporters to lay out some of his priorities.
“It’s an honor to be here,” Hegseth said after being greeted by Gen. CQ Brown Jr., chairman of the Joint Chiefs of Staff.
Hegseth said that would include removing DEI efforts inside the Pentagon, reinstating service members discharged because of COVID-19 vaccine mandates and building an Iron Dome — though experts have said the latter may not be realistic for the U.S.
He also said the Pentagon would provide “whatever’s needed” at the southern border as Trump carries out his immigration crackdown.
Hegseth previously suggested the firing of Brown as well as other senior officers who were involved either in the chaotic withdrawal of troops from Afghanistan or “woke” DEI initiatives.
Asked on Monday if he wants to fire Brown, Hegseth said: “I’m standing with him right now. Look forward to working with him.”
Republican businessman Vivek Ramaswamy is planning to leave his new appointment leading The Department of Government Efficiency (DOGE) and announce a run for Ohio governor, according to two sources familiar with the planning.
Ramaswamy is expected to announce his run for governor early next week, the sources said.
President-elect Donald Trump had tapped Ramaswamy to lead the newly created DOGE alongside Elon Musk, with the goal of slashing back government spending.
(WASHINGTON) — Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the state House and Senate passed a resolution calling on the Supreme Court to reconsider its decision — which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states like Michigan, Montana, North Dakota and South Dakota have followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the state House with a vote of 52-40 and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final day of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills have yet to face legislative scrutiny.
Resolutions have no legal authority and are not binding law, but instead allow legislative bodies to express their collective opinions.
The resolutions in four other states echo similar sentiments about the merits of the Court’s Obergefell v. Hodges decision, which established the right to same-sex marriage under the equal protection clause and the due process clause of the 14th Amendment.
Some legislators behind the resolutions argue that the legality of gay marriage should be left to states to decide, while others argue that marriage should be reserved for one man and one woman.
LGBTQ advocates and allies have criticized the efforts, arguing that the majority of Americans approve of same-sex marriage and say the efforts undermine “personal freedoms.”
A 2024 Gallup poll found that 69% of Americans continue to believe that marriage between same-sex couples should be legal, and 64% say gay or lesbian relations are morally acceptable.
In Michigan, state Rep. Josh Schriver unveiled his own anti-gay marriage resolution on Feb. 25, arguing that restrictions on gay marriage are important to “preserve and grow our human race,” he said at a press conference announcing the resolution.
“Michigan Christians follow Christ’s definition of marriage as a covenant between a man and a woman, an institution established to glorify God and produce children,” said Schriver.
In a press release, he added: “The new resolution urges the preservation of the sanctity of marriage and constitutional protections that ensure freedom of conscience for all Michigan residents.”
Local Democratic leaders denounced the resolution, arguing that it discriminates against the rights of LGBTQ Americans and distracts from more pressing issues facing Michigan residents.
“At a time when Michiganders are looking to their leaders to address pressing issues like lowering costs and protecting our economy, House Republicans are choosing to focus on undermining the personal freedoms of Michigan residents,” state Rep. Mike McFall said.
“This resolution is not only a blatant attempt to roll back the clock on civil rights, but it is also out of step with the values and priorities of our state.”
The Michigan resolution has been referred to the Committee on Government Operations and has not yet been put to a vote.
The handful of resolutions come after Associate Justice Clarence Thomas expressed interest in revisiting the Obergefell decision in his concurring opinion on the Supreme Court’s landmark 2022 decision on the Dobbs v. Jackson Women’s Health Organization case that overturned the federal right to abortion.
He wrote: “In future cases, we should reconsider all of this court’s substantive due process precedents,” such as Obergefell. “Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents,” Thomas said.
Thomas had issued a dissenting opinion in 2015 against same-sex marriage equality.
More than two dozen states have some kind of restriction on same-sex marriage that could be triggered if the Supreme Court one day overturns its 2015 decision, according to legislative tracking group Movement Advancement Project. This is because marriage equality has not yet been codified and enshrined into law nationwide.
However, the Respect for Marriage Law signed by former President Joe Biden in 2022 guarantees the federal recognition of same-sex and interracial marriages in the event of an overturned Supreme Court decision.
It requires all states to recognize legally certified marriages, even if they were done in a state where it is later banned or done in another state entirely.
